Making a Lasting Power of Attorney During Lockdown
At the moment, we’re all living in an unpredictable time. However, it’s been suggested that the government may extend their shielding guidance for older people. Since lockdown guidelines have been implemented, many people have had to help out friends and relatives who are shielding. This could be by picking up shopping, supporting them with errands, and providing an empathetic ear and voice.
Unfortunately, another aspect of the coronavirus crisis is having to consider the power of attorney. It has made a lot of people have to think about their family’s future. Power of attorney is about considering who should look after someone’s affairs if they fall ill.
Benefits of Lasting Power of Attorney
There are long-term benefits to creating lasting powers of attorney. Lasting powers of attorney (LPA) allows someone to choose someone they trust to act on their behalf. This is crucial if someone falls ill and is not able to make decisions for themselves. Something that is unfortunately highly relevant during the COVID-19 crisis. These decisions can be on financial or welfare affairs, for example.
If someone loses the capacity to manage their own affairs and does not have an LPA, this can cause unnecessary stress and pain. This is relevant for the enduring power of attorney as well. If this happens, someone will need to obtain a Court of Protection Order (COPO). This allows someone to be appointed as the affected party’s Deputy, which is the court of protection’s type of attorney.
If this happens, the person appointed Deputy may not be the incapacitated person’s primary choice of attorney. Unfortunately, this could be someone with no connection to the affected party at all. Another reason this is not a good option is the Deputy application is a long and expensive process. The application also involves paying ongoing fees to the court. Such as the annual insurance bond as well as the broad obligations to the Court.
The Deputy has less authority as they only have powers on what they have applied for with the COPO. This means they may need to apply for authority to make other decisions. The process is more bureaucratic and takes longer for meaningful choices to be made. In some situations, a Deputy may be the right choice; but this process can be more stressful for everyone in the wrong circumstances.
How Can A Lawyer Help?
An LPA can be created without a lawyer. The benefits of consulting a lawyer are they can explain the pros and cons of an LPA. During the current coronavirus crisis, all this advice can be given through a video consultation. As well as what the situation involves for all parties. A lawyer can confirm that the donor understands, and has the capacity to understand, the LPA process. This is important to ensure there is no undue influence occurring in the process.
Lawyers can advise someone on the best choice for who to appoint. They can listen and offer practical knowledge that can inform a decision. Lawyers will protect someone’s rights by storing an LPA until needed. This is because it’s a live document registered with the Office of Public Guardian. A lawyer can also be afforded powers of attorney in complex situations where it makes the most sense to do so.
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